HomeMy WebLinkAboutPACKET Town Board 2017-01-10The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, January 10, 2017
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Letter to Congressional Delegation regarding the Outdoor Recreation Act.
Future Study Sessions.
1. CONSENT AGENDA:
1. Town Board Minutes dated December 13, 2016 and Study Session December 13,
2016.
2. Town Board Minutes Special Town Board meeting December 15, 2016.
3. Bills.
4. Committee Minutes.
A. Public Safety, Utilities & Public Works Committee, December 8, 2016.
1. 2017 GIS Services, InVision - $400,000 – Budgeted.
2. 2017 Engineering Services - $400,000 – Budgeted.
5. Estes Park Housing Authority appointment of William Pinkham for a 5-year term
expiring January 11, 2022.
6. Resolution #01-17 – Public Posting Area Designation.
Prepared 12/30/16
*Revised 01/06/17
**
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.CONSENT AGENDA:
A. SUPPLEMENTAL CONDOMINIUM MAP #10, Stone Bridge Estates
Condominiums, 1137 Fish Creek Road; Kingswood Homes/Owner. Planner
McCool.
2.ACTION ITEMS:
A. PRENDERGAST RESUBDIVISION ANNEXATION RESOLUTION #02-17 AND
ORDINANCE #01-17. Planner Gonzales.
3. ACTION ITEMS:
1. INTENT TO NEGOTIATE CONTRACT FOR THE SALE OF FORMER CRYSTAL
WATER COMPANY PROPERTIES: SANBORN DAM PARCEL AND VACANT
LOT. Director Bergsten.
2. ESTES VALLEY PLANNING COMMISSION APPOINTMENTS. Town Clerk
Williamson.
4. REPORTS AND DISCUSSION ITEMS:
1. FORMATION OF A FAMILY ADVISORY BOARD. Assistant Town Administrator
Machalek.
5. ADJOURN.
2
Administration
Town Administrator
Public Information
Administrative
Services
Town Clerk
Human Resources
Community
Development
Building Safety
Code Enforcement
Planning/Zoning
Community Services
Fairgrounds &
Events
Visitor Services
Cultural Services
Museum
Senior Center
Finance
Box 1747
Utility Billing
Police
P.O. Box 1287
Public Works
Engineering
Facilities
Fleet
Parks
Streets
Utilities
IT
Light and Power
Water
January 10, 2017
The Honorable Senator Cory Gardner
1125 17th Street, Suite 525
Denver, CO 80203
Re: Co-Sponsorship of the Outdoor Recreation
Dear Senator Gardner,
The Town of Estes Park extends our sincere gratitude for your co-sponsorship of the
Outdoor Recreation Jobs and Economic Impact Act (‘Outdoor REC Act’) [S. 6518/H.R.
4665]. Outdoor recreation is an economic powerhouse that annually accounts for $646
billion in consumer spending, $6.1 million American jobs, and $80 billion in federal, state,
and local tax revenue.
The Estes valley represents approximately 12,000 residents and over 4 million visitors
each year. Estes Park serves as the gateway to world-class outdoor recreation
opportunities that drive our local economy. The tourism generated from people
adventuring into these neighboring public lands helps attract and employ local residents,
provides a market for local goods and services, and generates significant tax revenues
not only for local infrastructure and services, but provides significant contributions to the
entire State of Colorado as well.
The Outdoor REC Act will finally put a dollar figure on the natural assets that our
community depends on for local jobs, revenue and quality of life for our residents.
We thank you for your dedication to protecting and enhancing our National Parks,
monuments, forests, wildlife areas, and other public lands. We look forward to working
with you to not only ensure that the Bureau of Economic Analysis study is completed but
to also further support the national public lands on which our local jobs and national
outdoor economy relies.
Thank you for your time and your support.
Sincerely,
TOWN OF ESTES PARK
Todd Jirsa
Mayor
cc: Board of Trustees 3
Administration
Town Administrator
Public Information
Administrative
Services
Town Clerk
Human Resources
Community
Development
Building Safety
Code Enforcement
Planning/Zoning
Community Services
Fairgrounds &
Events
Visitor Services
Cultural Services
Museum
Senior Center
Finance
Box 1747
Utility Billing
Police
P.O. Box 1287
Public Works
Engineering
Facilities
Fleet
Parks
Streets
Utilities
IT
Light and Power
Water
January 10, 2017
The Honorable Senator Michael Bennet
1127 Sherman Street, Suite 150
Denver, CO 80203
Re: Co-Sponsorship of the Outdoor Recreation
Dear Senator Bennet,
The Town of Estes Park extends our sincere gratitude for your co-sponsorship of the
Outdoor Recreation Jobs and Economic Impact Act (‘Outdoor REC Act’) [S. 6518/H.R.
4665]. Outdoor recreation is an economic powerhouse that annually accounts for $646
billion in consumer spending, $6.1 million American jobs, and $80 billion in federal, state,
and local tax revenue.
The Estes valley represents approximately 12,000 residents and over 4 million visitors
each year. Estes Park serves as the gateway to world-class outdoor recreation
opportunities that drive our local economy. The tourism generated from people
adventuring into these neighboring public lands helps attract and employ local residents,
provides a market for local goods and services, and generates significant tax revenues
not only for local infrastructure and services, but provides significant contributions to the
entire State of Colorado as well.
The Outdoor REC Act will finally put a dollar figure on the natural assets that our
community depends on for local jobs, revenue and quality of life for our residents.
We thank you for your dedication to protecting and enhancing our National Parks,
monuments, forests, wildlife areas, and other public lands. We look forward to working
with you to not only ensure that the Bureau of Economic Analysis study is completed but
to also further support the national public lands on which our local jobs and national
outdoor economy relies.
Thank you for your time and your support.
Sincerely,
TOWN OF ESTES PARK
Todd Jirsa
Mayor
cc: Board of Trustees 4
Administration
Town Administrator
Public Information
Administrative
Services
Town Clerk
Human Resources
Community
Development
Building Safety
Code Enforcement
Planning/Zoning
Community Services
Fairgrounds &
Events
Visitor Services
Cultural Services
Museum
Senior Center
Finance
Box 1747
Utility Billing
Police
P.O. Box 1287
Public Works
Engineering
Facilities
Fleet
Parks
Streets
Utilities
IT
Light and Power
Water
January 10, 2017
The Honorable Representative Jared Polis
1644 Walnut Street
Boulder, CO 80302
Re: Co-Sponsorship of the Outdoor Recreation
Dear Senator Polis,
The Town of Estes Park extends our sincere gratitude for your co-sponsorship of the
Outdoor Recreation Jobs and Economic Impact Act (‘Outdoor REC Act’) [S. 6518/H.R.
4665]. Outdoor recreation is an economic powerhouse that annually accounts for $646
billion in consumer spending, $6.1 million American jobs, and $80 billion in federal, state,
and local tax revenue.
The Estes valley represents approximately 12,000 residents and over 4 million visitors
each year. Estes Park serves as the gateway to world-class outdoor recreation
opportunities that drive our local economy. The tourism generated from people
adventuring into these neighboring public lands helps attract and employ local residents,
provides a market for local goods and services, and generates significant tax revenues
not only for local infrastructure and services, but provides significant contributions to the
entire State of Colorado as well.
The Outdoor REC Act will finally put a dollar figure on the natural assets that our
community depends on for local jobs, revenue and quality of life for our residents.
We thank you for your dedication to protecting and enhancing our National Parks,
monuments, forests, wildlife areas, and other public lands. We look forward to working
with you to not only ensure that the Bureau of Economic Analysis study is completed but
to also further support the national public lands on which our local jobs and national
outdoor economy relies.
Thank you for your time and your support.
Sincerely,
TOWN OF ESTES PARK
Todd Jirsa
Mayor
cc: Board of Trustees 5
January 24, 2017
•Making Board emails available to the
Public
February 14, 2017
•Review of 2017 Street Improvement
Plan
•Discuss the role of Town Government in
economic development as it relates to
the Estes Valley EDC and other
organizations.
April 25, 2017
•Review Service Proposal list for 2017
Budget
Items Approved - Unscheduled:
(Items are not in order of priority)
•Discussion of Hydrology Study Results
•Short update on the Downtown
Neighborhood plan.
•Discussion of Rural Transportation
Authority.
•Discussion and review of Fish
Hatchery RFP
Study Session Items for Board
Consideration:
•Update from Dallas Everhart regarding
Board Operations (Jan. 24th)
•Discussion of Building Code applicability
to Vacation Rentals (Jan. 24th)
Future Town Board Study Session Agenda Items
January 10, 2017
6
Town of Estes Park, Larimer County, Colorado December 13, 2016
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 13th day of December,
2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, Director Hunt and Town
Clerk Williamson
Absent: None
Mayor Jirsa called the meeting to order at 4:45 p.m.
VISIT FROM SAM MAMET, CML EXECUTIVE DIRECTOR.
Sam Mamet/CML Executive Director CML recognized the Town for its efforts in bringing
forward legislative issues over the years. He further acknowledged the Town’s strategic
planning process. The League provides municipalities throughout Colorado training
opportunities, legislative publications, lobbying at the legislative level and legal
advocacy. Issues CML would address during the upcoming legislative session include
Downtown Development Associations, construction defects, post-traumatic stress
syndrome for police officers, transportation funding, affordable housing, etc. The Town
Board and staff commented on the broadband issue and the possible change to the
Tabor law to address overcollection issues. Mr. Mamet stated the County
Commissioners Association has proposed a bill be presented at the next session to
repeal SB 152. The Tabor issue may come forward for review; however, the issue
continues to be unclear and would require a constitutional amendment.
FINAL REVIEW OF TOWN BOARD’S 2016 STRATEGIC PLAN.
Administrator Lancaster reviewed the 2016 Strategic Plan and stated a number of
Board objectives were accomplished; several items were begun and would be carried
over to 2017 as the item would take multiple years to complete; and a few were placed
on hold due to unforeseeable issues, i.e. the sale of the Conference Center.
Board discussion was heard on the need to move the Downtown Estes Loop project up
from its current schedule of 2021. Town Administrator Lancaster stated the Board
would have further discussions on the topic to determine the best strategy to move the
project to 2019, the next funding cycle. The Board further acknowledged the strategic
planning process, including the mind mapping and the reporting structure.
PROPOSED EVPC VACATION RENTAL REGULATIONS.
Director Hunt reviewed the recommended vacation rental regulations from the Estes
Valley Planning Commission. The proposed regulations would be considered at an
upcoming special joint Town Board and County Commissioners meeting on December
15, 2016. The new regulations establish a cap of 588 vacation rentals for properties
zoned residential. Vacation rentals in commercial zoned districts would not be included
in the cap; however, they would be required to meet the other regulations established.
The cap was established as a percentage of the total number of vacation rentals
assumed to exist in the valley by iCompass. During the 2017 transitional year a three
tier system would be established to prioritize registration of vacation rentals: first tier are
Town Board Study Session – December 13, 2016 – Page 2
all currently permitted/licensed vacation rentals have until March 31, 2017 to renew;
second tier would be any vacation rental currently operating but not registered and can
provided a valid 2016 contract as proof; and tier three would consist of any new
vacation rental. An inspection of all vacation rentals would be required prior to final
registration and be required every third years thereafter. It was stressed the inspection
would not be a building inspection. For vacation rentals with more than three
bedrooms, a special review process to allow 9 or more occupancy would be established
and run from April 1 through June 1. No new large homes would be approved after
June 1, 2017.
Chief Building Official Birchfield stated the Board of Appeals (BOA) has requested
direction from the Town Board on Building Code impacts to vacation rentals prior to a
final recommendation from the BOA to the Board. The BOA would come back with
recommendations once the Town Board and County Commissioners have made a final
determination on the new regulations to address building issues, such as sprinkler
requirements.
Discussion by the Board followed on the timeframe to complete registration; concerns
with limiting rentals during the review process and possibly requiring property owners to
cancel reservations during the process; other communities have required individuals live
in the home for a period of time prior to becoming a vacation home; and a number of
smaller edits were suggested. Trustees would forward their concerns to staff for review
prior to the December 15, 2016 meeting.
Michael Moon/Estes Valley Planning Commissioner stated the Commission reviewed a
number of regulatory documents and determined a restrictive code tended to drive the
vacation rentals underground and became difficult to enforce. The Commission also
reviewed compliance as a metric, the residential versus commercial components, the
safety of the rentals, and ensuring the proper taxes were being collected and remitted.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Staff would add the review of a Request for Proposal for the Fish Hatchery property to
the upcoming study session list.
There being no further business, Mayor Jirsa adjourned the meeting at 6:40 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, December 13, 2016
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 13th day of December, 2016.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
Pat Newsom/Town citizen read a prepared statement stating the importance of the
Board to consider the voices of long term members of the community that have help to
shape Estes Park by serving in a number of capacities. Board members fairly new to
the community do not seems to understand or value the opinions of this segment of the
community. She stated if Estes Park continues down the current path it would lose it
character and become a resort and not a community.
Jon Nicholas/EDC President & CEO thanked the Town Board for the partnership during
the 2013 flood recovery efforts. The EDC received the Silver Award from the
International Economic Council for business retention and expansion. The Town
businesses were the recipients of 44% of the State funds available for flood recovery
efforts. The EDC held an outreach meeting with 40 businesses attending to understand
how to access Recovery Colorado funds during the Highway 34 construction to address
business interruption.
Tony Schetzsle/Town citizen questioned the proposed vacation rental cap established
which includes those properties that have been operating illegally. Neighboring property
owners should not be required to monitor businesses in their neighborhoods. He stated
the International Building Code should apply to vacation rental properties to address the
life, health and safety of the commercial operations. These rentals have a higher and
inherent risk, and the Town should not assume the liability of the rentals.
Bernie Holien/County citizen commented the cap on vacation rentals should be
reviewed annually and be increased by the same percentage of the number of housing
units available in the valley. He further suggested those operating with 9 or more
should be limited to currently licensed properties and new registrations should be limited
to 8 and under.
James Heineman/County citizen stated no new vacation home rental registrations
should be allowed based on an earlier deadline set for July 2016. A residential zoned
property has a limit of 8 people; therefore, no property should be allowed more than 8
guest in a home zoned residential.
TRUSTEE COMMENTS.
Board of Trustees – December 13, 2016 – Page 2
Trustee Holcomb thanked Town staff for the holiday lights throughout the downtown.
Mayor Pro Tem Koenig stated she attended the Wasteshed Policy Committee meeting
to address the upcoming 2025 closure of the Larimer County landfill. The Sister Cities
organization would hold its annual meeting in January 2017.
Trustee Walker commented on the lowering of the flags in honor of John Glenn;
thanked the community for their emails; and thanked Scott Webermeier for his years of
service on the Local Market District/Visit Estes Park Board.
Trustee Norris thanked the public for their input on a number of important issues.
Trustee Martchink stated the Parks Advisory Board would meet on December 16, 2017
at the Event Center.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster stated the majority of the Town Board requested staff no longer
pursue outsourcing dispatch services to the County Sheriff. One of the main reasons
continues to be the Town has one fiber line serving the area at this time.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 22, 2016 and Special Town Board meeting
November 29, 2016.
2. Bills.
3. Transportation Advisory Board Minutes dated November 16, 2016
(acknowledgement only).
4. Parks Advisory Board Minutes dated November 18, 2016 (acknowledgement
only).
5. Estes Valley Board of Adjustment Minutes dated November 1, 2016.
6. Parks Advisory Board Re-appointments:
Celine Lebeau – a term beginning December 13, 2016, expiring on December
31, 2019.
Ronna Boles - 3-year term beginning January 1, 2017, expiring on December
31, 2019.
Charley Dickey requested Consent Item 1 be removed for further discussion. It was
moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items
2-6, and it passed unanimously.
Consent Agenda Item #1 – Charley Dickey requested the Special Town Board meeting
November 29, 2016 reflect the initial motion made by Trustee Holcomb. It was moved
and seconded (Walker/Koenig) to approve the Consent Agenda Item 1 with the
addition of the first motion, and it passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP FROM ROCKY MOUNTAIN PARK INN LLC
DBA ROCKY MOUNTAIN PARK INN TO DNC PARKS & RESORTS AT
ROCKY MOUNTAIN PARK INN, INC. DBA ROCKY MOUNTAIN PARK INN,
101-201 ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson reviewed the transfer application stating a complete
application was received in the Clerk’s Office on November 3, 2016 and a
temporary permit issued on November 17, 2016 with the final purchase
completed by the new owners. All necessary paperwork and fees have been
filed. TIPS training has been conducted onsite by a local trainer and would
Board of Trustees – December 13, 2016 – Page 3
continue with the new ownership. It was moved and seconded
(Holcomb/Martchink) to approve the Hotel and Restaurant Liquor License
filed by DNC Parks & Resorts at Rocky Mountain Park, Inc. dba Rocky
Mountain Park Inn, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. WATSON MINOR SUBDIVISION. Metes & Bonds parcel; 6254 W.
Elkhorn Avenue; William & Vivianne Watson/Owners.
B. RESOLUTION #26-16 INTENT TO ANNEX PRENDERGAST
RESUBDIVISION ADDITION. Public Hearing scheduled January 10, 2017.
It was moved and seconded (Norris/Holcomb) to approve the Planning
Commission Consent Agenda Items, and it passed unanimously.
2. ACTION ITEMS:
A. FINAL PLAT PRENDERGAST RESUBDIVISION. Four Metes & Bounds
Parcels & Lot 10, Mount View Park, 753 Big Horn Drive, Richard
Prendergast/Applicant. Planner Gonzales reviewed the application stating
the resubivision plat would legally plat 4 lots to correlate with the
development of the area. A variance from the minimum lot size was
approved by the Board of Adjustment on November 1, 2016. A preliminary
plat was approved by the Estes Valley Planning Commission on November
15, 2016. An annexation would come forward in January to adjust the
jurisdictional boundary from crossing through the Harmony Foundation
building. It was moved and seconded (Holcomb/Norris) to find the
application substantially meets the review criteria, and moved to
approve the Prendergast Resubdivision Final Plat with no conditions,
and it passed unanimously.
B. REVISED SPECIAL REVIEW & DEVELOPMENT PLAN SR 2016-01.
Metes & Bounds Parcels; 1665 Highway 66, Lazy B Ranch & Wranglers,
Michelle Oliver/Applicant. Planner Gonzales stated the original
Development Plan SR 2016-01 was approved by the Town Board on July
26, 2016 with a condition the loading area location receive a variance to
the setback. The Board of Adjustment denied the variance request at their
September 13, 2016 meeting, thereby nullifying the Special Review
approval. The applicant has amended the original application to include
the loading area location in the Phase III parking lot versus alongside the
building. Additional landscaping has been included in the amended plans
to screen the new loading area location. The special operating times of the
entertainment event venue ensures there would not be a conflict between
the loading times and guest parking times.
Lonnie Sheldon/Van Horn Engineering stated the service doors would face
Mills Drive and be 180 feet from the closet residential property on Mills
Drive. Additional landscaping on Mills Drive and a secondary layer closer
to the building would provide additional screening of the service doors.
The applicant has agreed to pave the parking area in Phase I and add a 6-
foot board fence along the center line adjacent to the parking lot to screen
the loading area. Mr. Sheldon stated additional evergreen trees would be
added to the current landscaping plan to provide year-round screening of
the area. The parking lot would be a private parking lot and would be
monitored and use adjusted by the property owner.
Trustee Norris questioned how likely the chuck wagon dinner show would
be operated at this location. Planner Gonzales stated the applicants have
Board of Trustees – December 13, 2016 – Page 4
requested a Special Use permit at the Elkhorn Lodge for the 2017 summer
season.
Public comment against the amended Special Review was heard from Jay
Vetter/County citizen, Mike Eggan/County citizen, and Bryan Gillam /Rock
Inn owner. Comments have been summarized: the development does not
meet the standards of the Development Code; the Code requires a new
application for the amendment requested and would not be considered a
minor modification; a loading area cannot be located in a parking area per
the Code; questioned the type of business that would be using the facility
as the new Statement of Intent proposes weddings and other special
events; and the hours of operation would expand with the increased used.
The Board requested clarification on development issues from the
applicant. The applicant was not present to provide clarification.
Trustee Walker recused himself. After further discussion, it was moved
and seconded (Holcomb/Nelson) to find the application substantially
meets the review criteria, and move to approve the Special Review
Development Plan SR 2016-01 amendment with the conditions
recommended by staff and the changes recommended by the
applicant’s consultant, and the motion failed with Mayor Pro Tem Koenig,
Trustee Martchink and Trustee Norris voting “No” and Trustee Walker
recusing himself.
C. ADOPTION OF THE 2016 ESTES VALLEY MASTER TRAILS PLAN AS
AN ELEMENT OF THE ESTES VALLEY COMPREHENSIVE PLAN. The
Estes Valley Comprehensive Plan included a vision for a valley-wide trail
system. The Trails Master Plan was adopted by the Estes Valley
Recreation and Park District earlier in 2016 after vetting it through the
community and with project partners. The certification of the plan would
incorporate the plan into the Comprehensive Plan and unify the approach
to planning in the valley.
John Meissner/Town citizen commented on the use of the word valley
rather than referring to the plan as the Estes Park Master Trails Plan.
It was moved and seconded (Koenig/Norris) to certify the Estes Valley
Master Trails Plan as an element of the Estes Valley Comprehensive
Plan, and it passed unanimously.
D. ORDINANCE #27-16 AMENDMENT TO ESTES VALLEY
DEVELOPMENT CODE REGARDING THE LONG-TERM RENTAL OF
ATTACHED ACCESSORY DWELLING UNITS (ADU’S). Director Hunt
provided an overview of the amendments stating the proposed accessory
dwelling unit amendments would address the workforce housing shortage,
which continues to be a primary goal within the Town Board strategic plan.
The amendments would remove the 1.33 times multiplier to minimum lot
size, remove the 800-sq. ft. limit, pre-existing ADUs complying with the
code could be rented, and the proposed sunset provision would allow
review of the amendment through a public process with a public hearing.
The amendments would require registration of the ADUs and provide the
Planning staff with data on the number of units in the valley. Planning
Commission reviewed the amendments and expressed concerns about the
proposed code amendment, including being a de-facto rezoning of single-
family districts, by introducing what could be construed as duplexes;
increasing density in single-family neighborhoods; and having unintended
consequences, such as increased traffic, additional infrastructure load, etc.
Commissioners also raised concerns regarding the lack of enforcement. If
the amendment does not pass, staff would begin to enforce the current
code as it relates to ADUs.
Board of Trustees – December 13, 2016 – Page 5
Those speaking against the amendments included John Phipps/Town
citizen, Wes Hoffman/County citizen, Jay Heineman/County citizen, Rex
Poggenpohl/County citizen, Dick Spielman/Town citizen, and Art
Messal/Town citizen. Comments were summarized: the regulations would
alter the character of a single-family zoning district; the issue at hand
concerns zoning and not housing; the community needs to develop a new
master plan for the valley to identify needs and zoning; there are too many
unintended consequences to the proposed amendments; it tends to be bad
practice to bring illegal land use into compliance with new regulations;
there already exists a number of zoning districts for which ADUs can be
established; it would not be proper to rezone single family zoning districts
to 2 family zoning districts; residential property owners should not have to
sacrifice zoning to support businesses; the proposed amendments are
unenforceable; ADUs are not allowed under the current Comprehensive
Plan and would be a violation of zoning; the amendment would double the
density in a single family zoning district; and ADUs are appropriate for
caregivers, family members and larger properties, however, duplexes do
not belong in single family zoning districts.
Rita Kurelja/Estes Valley Housing Authority Executive Director stated
support for ADUs to provide additional workforce housing, which has been
identified in all housing assessments conducted during the past 17 years.
Other mountain communities such as Breckenridge have strengthened the
ADU program by dispersing ADUs throughout the community. Towns,
cities and counties have approved ADUs to address housing issues.
ADUS alone would not solve the housing issues experienced in Estes Park
but it would help. The housing issue would be solved by addressing a
number of smaller solutions.
Eric Blackhurst/Estes Valley Housing Authority Chairman supports the pilot
program for ADUs. He stated a number of homes in the 1960s and 1970s
were built as 2 family homes. The rezoning in 1999/2000 removed this
land use. The proposed amendments would help address the housing
issues in Estes Park.
Mary Murphy/County citizen suggested the Board consider adding a
requirement that the primary home must be owner occupied in order to
allow an ADU.
Board discussion followed and has been summarized: fail to see the impact
on the neighborhoods; the amendment would establish a defacto rezoning
of a number of properties in the valley; there may be a few items missing in
the proposed amendments such as requiring owner occupancy; allowing
ADUs provides the workforce a chance to live where they work; property
owners have an expectation of the zoning requirements and limitations
when they purchase their homes; a smaller experiment may be needed;
enforcement issues are a concern; suggested the Board complete vacation
home changes first before moving forward with ADUs; and the sunset
should be extended. Overall the Board was supportive of staff’s attempt to
address ADUs; however, there continued to be concerns as stated in the
comments above.
Attorney White read the Ordinance. After further discussion, it was moved
and seconded (Holcomb/Walker) to approve Ordinance #27-16 as
drafted, based on findings of fact and conclusions of law as stated in
the staff memorandum dated December 15, 2016, and it failed with
Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Nelson, Norris, and Walker
voting “No”.
Amended Substitute Motion, it was moved and seconded
(Martchink/Nelson) to approve Ordinance #27-16 as drafted, based on
Board of Trustees – December 13, 2016 – Page 6
findings of fact and conclusions of law as stated in the staff
memorandum dated December 15, 2016 with the addition under
heading 3 Limited on Tenancy that neither the principle or the ADU
would be allowed to be used as short term rentals, and it failed with
Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Nelson and Norris voting
“No”.
It was moved and seconded (Holcomb/Walker) to continue the meeting
past 10:00 p.m. until the agenda has been completed, and it passed
unanimously.
Mayor Jirsa called a 10-minute break at 9:50 p.m.
E. ORDINANCE #28-16 AMENDMENT TO ESTES VALLEY
DEVELOPMENT CODE REGARDING ATTAINABLE HOUSING AND
WORKFORCE HOUSING. Director Hunt commented the concept for the
amendments have been developed over several months with the initial
concepts outlined in the Housing Needs Assessment completed in 2016.
The amendment would provide an incentive in the form of increased
density for properties that can demonstrate a commitment to provide
housing units for attainable and workforce housing. The amendment
contains the following: an increase in income threshold from 60% for rented
units and 80% AMI for owner occupied units to 150% AMI for both;
establish at least one member of the household maintains employment in
the Estes Valley; the Housing Authority would work in conjunction with the
Community Development department to ensure the project meets the
density bonus requirements; and the density bonus would increase from
1.5 to 2 times base zoning; i.e. an RM zoned lot would go from 8 units to
16 units per acre. The Estes Valley Planning Commission recommended
unanimous approval at their November 29, 2016 meeting. Attorney White
read the Ordinance.
Rita Kurelja/Estes Park Housing Authority Executive Director stated the
amendment would address the lack of housing, addresses the middle-
income needs, and expands the availability of a variety of housing options
for workforce housing. The amendments could provide smaller developers
an avenue to add affordable units to the housing stock.
It was moved and seconded (Norris/Holcomb) to approve Ordinance
#28-16 as drafted, based on findings of fact and conclusions of law,
as recommended by staff and the Estes Valley Planning Commission,
and the motion passed unanimously.
4. ACTION ITEMS:
1. PUBLIC HEARING – 2017 BUDGET – ADOPTION. Finance Director Hudson
presented the proposed budget and stated the budget was prepared with a
focus on balancing the General Fund and meeting the Board’s goal to maintain
a 20% fund balance. The Town would reduce the mill levy to zero for 2017 in
order to address a portion of the $418,949 to be refunded in sales tax revenues
over collected from the 1A sales tax as outlined in the Tabor Notice. This
would be a temporary reduction and would reduce General Fund revenues by
an estimated $357,008 in 2017; however, transfers were made in 2016 from the
1A funds to reimburse the General Fund for the lost revenues. The Employee
Benefit fund was reduced from 8% to 2% with a switch to UMR. Funding for
the document management system was added to the Administrative Services
fund. The Community Services grants was increased to provide additional
funding to the Housing Authority, EVICS and refund the Road and Bridge tax
increase to Larimer County for the I-25 project. An additional dispatcher was
added to the Police department and the training budget was made whole for the
patrol staff. Additional funds were added to the Street budget to address a
Board of Trustees – December 13, 2016 – Page 7
number of projects, including equipment rental for storm drain cleanout, radio
conversion from VHF to 800 Mhz, and repair to parking lots. Funds were
added to provide a Park-n-Ride shuttle from the Event complex to the Visitor
Center and Bond Park.
Public comment was heard from Shannon Faith/Town citizen, Cynda
Bash/Band Treasure, and members of the band Will Peters, Luke Sewara, Levi
Carpman, and Colin Sewara. The request was to fund the Band’s Community
Service grant request of $1,000. The Band revenues from fundraisers has
declined over the years with the loss of the Big Band Bash ($4,000) and
potential loss of parking spaces to be used for Scotsfest parking in 2017 with
the construction of the Community Center ($6,500).
Katherine Whiteacre/Partnering Youth requested the reconsideration the
funding level for the important community benefit of Partnering Youth.
Jill Lancaster/EPRNC encouraged the Board to consider an increase in
Community Service grant funding stating the non-profits of the community
provide invaluable services to the community and the guests. She requested
consideration of an increase in funding for EPRNC to the 2016 level of $7,000.
Art Messal/Town citizen stated the Board should reduce the funding for the
Economic Development Council (EDC) and use the funds to support the other
organizations speaking at the evenings meeting.
Elizabeth Fogarty/Visit Estes Park President & CEO stated the organization
would provide the marketing for a springtime music festival to replace the Big
Band Bash if the Town Board would provide $5,000 to the Band organization.
Discussion followed on methodology used by the Community Service Grant
Committee in the recommendations to the Town Board, which included the
need to balance the budget and the priorities set by the Board through the
strategic plan. The Board agreed to review the requests after the first quarter
revenues have been received in April to determine the impact of the Hwy 34
road construction closure. The items may be added to the budget through a
budget amendment following the review.
It was moved and seconded (Norris/Holcomb) to approve Resolutions #22-
16 to set the 2017 Mill Levy, Resolution #23-16 to Adopt the 2017 Budget,
and Resolution #24-16 to Appropriate Sums of Money for 2017, and it
passed unanimously.
Colorado Budget Law requires a public hearing be conducted outlining how the
Highway Users Trust Fund revenues would be expended. 2017 revenues are
estimated at $288,508 and would be expended on items such as parking lot
maintenance, snow plowing, equipment, storm drainage maintenance, traffic
signs, street lights, operational expenses and personnel costs. It was moved
and seconded (Holcomb/Koenig) to utilize the Highway Users Trust Fund
for expenditures for striping, snow plowing, vehicle/equipment usage,
storm drain maintenance, traffic signs, street lights, and other related
road and street costs for 2017, and it passed unanimously.
2. RESOLUTION #25-16 2016 SUPPLEMENTAL BUDGET APPROPRIATIONS.
Director Hudson reviewed the supplemental appropriation Resolution which
allows a municipality to authorize additional money for a specific fund than was
originally adopted. The requested supplemental appropriations address both
revenue and expenditure differences from the approved 2016 budget.
Examples include increase in General Fund revenues due to an increase in
sales tax collection, increase in transfers in from the 1A funds to offset 2017
property tax reduction, and CDBG grant funds for the storm water master plan
and flood recovery project grant revenues; Community Reinvestment Fund
Board of Trustees – December 13, 2016 – Page 8
parking structure lease purchase proceeds increased the 2016 budget and
reallocation of the Moraine Avenue bridge grant proceeds to 2017; Street
Improvement Fund increased with an increase in 1A sales tax revenue and the
reallocation of the Dry Gulch project to the fund; L&P increased with the
addition of the Broadband grant funds and the reallocation of the fiber lease
revenues; and Water revenues increased with the rate increase. A number of
supplemental expenditures have been summarized: increase in benefit costs
for the Legislative Fund, increase in personnel costs for Community
Development and Police Patrol, decrease in personnel costs for Police
Communications, increase Engineering Fund with the costs for storm water
master plan moved from the Street Fund, and Museum Fund increased with the
appropriations for the remodel. Appropriations of $1.5 million were authorized
to remit 1A sales tax collection to the EVRPD for the Community Center.
Additional funds were appropriated to complete the Fall River trail master plan.
Approval of the 2016 revisions would leave the General fund with an estimated
21.6% reserves. It was moved and seconded (Koenig/Holcomb) to approve
Resolution #25-16 to amend the 2016 budget, and it passed unanimously.
3. ORDINANCE #26-16 LEASE PURCHASE AGREEMENT WITH FIRST
SECURITY SAULSBURY HILL FINANCIAL, LLC TO FINANCE THE
TRANSIT FACILITY PARKING STRUCTURE. Director Hudson stated in
working with Saulsbury Hill Financial, LLC and First Security Bank, the Town
has identified 2 properties, 18-hole golf course and Parks Maintenance shop
and greenhouse facilities, to be used for collateral for the financing agreement
of the 3rd and 4th parking levels. The agreement would be structured as a
lease/lease back under Colorado State Statutes, thereby neither Saulsbury Hill
Financial or First Security Bank would obtain title or development rights to the
properties even if the Town defaults on the agreement. Each would have a
leaseholder’s right to operate the properties for income generation. The
interest rates have increased since the initial RFP award, and most notably
since the November 8, 2016 Presidential election. The rate has been locked at
3.95% through the anticipated closing date of January 23, 2017. The lease
purchase agreement may be paid off starting January 1, 2022 without any
prepayment penalty or extra fees, subject to the terms in the agreement. The
annual debt service has been calculated at $399,931,78. Attorney White read
the ordinance. It was moved and seconded (Holcomb/Martchink) to approve
Ordinance #26-16 authorizing the Town to enter into a lease-purchase
agreement with Saulsbury Hill Financial, LLC for purposes of funding
construction of a parking garage (Transit Facility Parking Structure), and it
passed with Mayor Jirsa voting “No”.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Holcomb/Martchink) to enter Executive Session
for a conference with the Town Attorney for the purposes of receiving legal
advice on specific legal questions per Section 24-6-402(4)(b), C.R.S., and it
passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting to Executive Session at 11:30 p.m.
Mayor Jirsa reconvened the meeting to open session at 11:56 p.m. and adjourned the
meeting.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado December 15, 2016
Minutes of a Joint Study Session meeting of the TOWN BOARD,
LARIMER COUNTY COMMISSION AND ESTES VALLEY PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held at Town Hall in the Board Room in said Town of Estes Park
on the 15th day of December, 2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
County Commission: Chair Donnelly, Commissioner Gaiter and Commissioner
Johnson
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, County Manager Hoffman, Attorney White, Code
Enforcement Officer Hardin, County Planner Whitley, County
Community Development Director Gilbert, Community
Development Director Hunt, and Town Clerk Williamson
Absent: None
Meeting was called to order at 6:00 p.m.
HOST COMPLIANCE SOFTWARE AND SERVICES AGREEMENT CONTRACT.
Code Enforcement Officer Hardin stated staff has experienced difficulty in identifying
vacation homes that are not licensed or registered. Enforcement data becomes difficult
to collect and manage when collected by multiple agencies such as the Town’s Police
department, Community Development and the Larimer County Sheriff’s department.
The Town has identified Host Compliance software that would be used to assist the
Town in identifying non-compliant properties and provide a 24/7 non-emergency
complaint line for vacation rentals. This would allow immediate contact with the
property owners or managers to correct a situation. Weekly reports would be provided
of all incidents to staff for further follow-up if necessary. It was moved and seconded
(Norris/Walker) to approve of the services agreement with Host Compliance at a
cost of $50,185 with Larimer County contributing 50%, and it passed unanimously.
ORDINANCE #29-16 – PUBLIC HEARING – AMENDMENTS TO THE ESTES
VALLEY DEVELOPMENT CODE RELATED TO VACATION HOMES REGULATIONS.
Director Hunt stated the Estes Valley Planning Commission, as directed by the Town
Board and the Larimer County Commissioners at the joint meeting on August 30, 2016,
have developed the amendments for vacation homes in the Estes valley.
Michael Moon/Estes Valley Planning Commissioner stated the Commission reviewed a
number of regulatory documents and determined a restrictive code tended to drive the
vacation rentals underground and make enforcement difficult. The Commission also
reviewed compliance as a metric, the residential versus commercial components, the
safety of the rentals, and ensuring the proper taxes were being collected and remitted.
The Commission found compliance as the highest need; need to cap growth of vacation
rentals in residential zoning districts and extend the grace period to become registered
by March 31, 2017; post April 1, 2017 the Commission would review the cap further and
determine the need to adjust the current 588 cap; the occupancy would remain 2 per
bedroom plus 2 with a cap of 8 for all vacation rentals; a larger home may apply for a
Special Review to increase occupancy above 8; a three tier registration process; a
safety inspection and checklist items would be conducted to ensure compliance with the
Board of Trustees – December 15, 2016 – Page 2
regulations and a re-inspection every 3 years thereafter; and enforcement of the
regulations would be the responsibility of the property owner.
Director Hunt reviewed the recommended vacation rental regulations from the Estes
Valley Planning Commission. Each vacation home would be required to be registered
annually and would run with the property, not the property owner. Registrations can be
transferred to new owners of a property already registered. Properties registered by
December 31st of each year would have priority to re-register for the next year. The
new regulations establish a cap of 588 vacation rentals for properties zoned residential.
Vacation rentals in commercial zoned districts would not be included in the cap;
however, they would be required to meet the other regulations established. The cap
was established as a percentage of the total number of vacation rentals assumed to
exist in the valley by iCompass. During the 2017 transitional year, a three-tier system
would be established to prioritize registration of vacation rentals: first tier are all
currently permitted/licensed vacation rentals which have until March 31, 2017 to renew;
second tier would be any vacation rental currently operating but not registered and can
provided a valid 2016 contract as proof; and tier three would consist of any new
vacation rental not registered by December 15, 2016. An inspection of all vacation
rentals would be required prior to final registration and be required every third year
thereafter. For residential vacation rentals with more than three bedrooms, a special
review process, Large Vacation Home Review, to allow 9 or more occupancy would be
established and run from April 1 through June 1. No new large homes would be
approved after June 1, 2017. The regulations would require a minimum of 1-acre and
25-ft. setbacks; however, the Estes Valley Planning Commission could provide a
variance to the requirements for a special circumstance. A local representative would
be required for all vacation rental homes. The registration process would require a
notice be posted in the home, property boundaries posted, advertising accurate
information as it relates to number of individuals allowed with no age limit, ensure
proper tax collection, and neighbor notification.
Commissioner Johnson questioned the reasoning for limiting the Special Review for 9
or more occupancy to June 1, 2017. He stated the Task Force recommendation was to
allow the larger homes in the future if located on 1-acre lots with 25-ft. setbacks.
Commissioner Gaiter agreed with Commissioner Johnson’s concern. Trustee Nelson
also agreed. Planning Commissioner Moon stated the Commission agreed to bring the
current larger homes into compliance and not allow the growth of larger homes in the
future due to their impact on the neighborhoods. Discussion on the topic ensued with
the need to consider allowing larger homes to apply for 9 or more occupancy in the
future.
Commissioner Gaiter stated concern with the Special Review process as proposed
because it would not take into account the harmony and compatibility with the
neighborhood. He would suggest the review be completed by a higher body such as
the Town Board or County Commissioners. Further discussion was heard on
Commissioner Johnson’s concern with the Estes Valley Planning Commission
completing the Special Review process. He affirmed the need for an elected body to
complete the Special Review. Attorney White stated the Estes Valley Development
Code allows the Planning Commission to approve other items such as Development
Plans. Deputy County Attorney Bill Ressue stated it would be the position of the County
Attorney’s office the Planning Commission does not have the authority to approve
quasi-judicial items.
Larimer County Community Development Director Terry Gilbert commented the Task
Force established 15 recommendations with 6 requiring no amendment to the
Development Code; 5 Planning Commission recommendations are consistent with the
Task Force; and 4 recommendations are inconsistent, including 1 zoning and safety
inspection only, location requirement be the same for the 9 and above as the 8 and
under, the Task Force recommended the Town Board or the County Commissioners
approve the Special Review, and grandfathering was the most significant difference and
Board of Trustees – December 15, 2016 – Page 3
would only allow currently existing licensed or permitted larger vacation homes to be
registered for 9 or more occupancy without a Special Review process. Those not
registered would be required to go through a Special Review process.
Public comments were heard from the following individuals Bernie Holien/County
citizen, Wes Hoffman/County citizen, Kaylyn Kruger/Town citizen, Lindsay
Lamson/County citizen, Ed Peterson/County citizen, Bettye Peterson/County citizen,
Theresa Oja/County citizen, Scott Reichle/County citizen, Julie Reichle/County citizen,
Ginny Hutchinson/County citizen, Mike Scarpella/Town citizen, Patti
Freudenburg/County citizen, Rebecca Urquhart/Town citizen, Kurt Johnson/Town
citizen, Nancy Bell/Town citizen, Jim Swaney/County citizen, Don Darling/County
citizen, Jay Heineman/County citizen, Lisa Foster/Town citizen, Imtiaz & Janet
Ali/County citizen, Seth Smith/Town Business Owner, Millicent Cozzie/Town citizen,
Benjamin Culp/Town citizen, Ingra Marske/County citizen, and Elizabeth Fogarty/VEP
Executive Director & CEO. Comments have been summarized: requested the setbacks
be strictly enforced per the zoning district; occupants should be listed on the rental
contract to establish who should be at the property; vacation homes are an important
part of the economy; should be limited to people who own a home and want to rent it
out occasionally; people should not be allowed to make vacation rentals a business;
EALA supports vacation homes in Estes Park, with 9 and above a critical need; vacation
homes should be exempt from sprinkler requirements; EALA stated concern with the
cap and the availability of accommodation options; larger groups are vital to the
economy; retrofitting homes to meet the International Building Code sprinkler
requirements would be expensive; requested a Special Review for those operating with
9 or more occupancy; would request a cap on the occupancy and a cap on the number
of people on the property; balance growth and the character of the neighborhood by
placing a cap on vacation rentals; would request the 9 and above be strictly enforced
and not allow additional larger homes after June 1, 2017; violations need to be clearly
addressed; 9 and above do not belong in the residential neighborhoods; more vacation
homes means less housing for families, stressed the neighborhoods are the backbone
of the community; the cap should be those the vacation homes registered by July 2016
and no grandfathering of 9 and above in the residential neighborhoods; the
neighborhood notification would be an administrative burden; would encourage the
Town Board and County Commissioners to adopt the Task Force regulations; would
recommend a fee be assessed for violations; and Visit Estes Park supports reasonable
regulations for vacation rentals.
Commissioner Gaiter would suggest the Task Force recommendations be adopted with
the addition of the cap. He recommended the cutoff for new registrations should be the
date of the meeting and not March 31, 2017. He also would recommend a change to
5.1.B.3.c.4 to state the minimum front, side, and rear setback from any lot boundary shall
be twenty-five (25) feet or the setback under the zoning, whichever is greater.
Trustee Norris stated the Estes Valley Planning Commission recommendation would be
a good compromise. The amendments are a good start and may need to be adjusted
as the codes are utilized and issues are discovered. Trustee Walker agreed with the
need to compromise and he agrees with the cap. Mayor Jirsa echoed the comments.
The Town and County would need to review the data from iCompass and address any
unintended consequences quarterly.
Commissioner Johnson would request the additional inspections every 3 years should
be eliminated. He finds it to be over regulation and burdensome. He would recommend
the removal of 5.1.B.3.a.(1) to remove the deadline for 9 or above to be registered and
complete a Special Review by June 1, 2017. He recommended allowing 9 and above
through the Special Review for additional occupancy in the future. Trustee Norris would
recommend staff come forward with a review process by May 31, 2017 for the Large
Vacation Home review and bring it back to the Town Board and County Commissioners
for consideration.
Board of Trustees – December 15, 2016 – Page 4
Several amendments were added to the initial motion, including correction to code
reference to Item 4 and the addition of Items 7, 8 and 9. It was moved seconded
(Koenig/Walker) to approve the EVDC amendments to section 5.1.B and related
sections with the following changes: 1) 5.1.B.1.a.12 Local Representative –
remove the 24 hours a day and replace with when the unit is rented; 2)
5.1.B.1.a.12 Local Representative - remove the word all and replace with contact
for immediate violation resolution; 3) 5.1.B.2.e Number of Parties – add all
occupants must be registered by name; 4) 5.1.B.3.d – pending large vacation
home process Vacation Rental Review process development; 5) 5.1.B.4.c
Inspections - Provision for inspection after a violation or with a change in
ownership; 6) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant and all
references to allegedly or alleged violations; 7) 5.1.B.3.c.4 Large Vacation Home
Review – add lot boundary shall be twenty-five (25) feet or the setback under the
zoning, whichever is greater; 8) 5.1.B.4.c Inspections – be removed and replaced
with Provision for inspection after a violation or with a change in ownership; 9)
Remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017 deadline for large
vacation homes, and the motion was not seconded by Trustee Walker with the addition
of Item 9. The motion was not voted on and a substitute motion was made.
Substitute motion was offered. It was moved seconded (Koenig/Nelson) to approve
the EVDC amendments to section 5.1.B and related sections with the following
changes: 1) 5.1.B.1.a.12 Local Representative – remove the 24 hours a day and
replace with when the unit is rented; 2) 5.1.B.1.a.12 Local Representative - remove
the word all and replace with contact for immediate violation resolution; 3)
5.1.B.2.e Number of Parties – add all occupants must be registered by name; 4)
5.1.B.4.c Inspections - Provision for inspection after a violation or with a change in
ownership; 5) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant
and all references to allegedly or alleged violations; 6) 5.1.B.3.c.4 Large Vacation
Home Review – add lot boundary shall be twenty-five (25) feet or the setback under
the zoning, whichever is greater; 7) 5.1.B.4.c Inspections – be removed and
replaced with Provision for inspection after a violation or with a change in
ownership; and 8) remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017
deadline for large vacation homes, and it passed unanimously.
The Town Board completed its public meeting and turned the meeting over to the
County Commissioners to hold their public meeting on the amendments.
The Town Board reconvened with the completion of the Larimer County Commissioners
public meeting.
It was moved and seconded (Walker/Holcomb) to work with the Larimer County
Commissioners by May 31, 2017 to develop a Special Review process for the
Estes Valley Development Code and a review process for Large Vacation Homes,
and it passed unanimously.
There being no further business, Mayor Jirsa adjourned the meeting at 10:00 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, December 8, 2016
Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES &
PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in the Town Hall in said Town of Estes
Park on the 8th day of December 2016.
Committee: Chair Koenig, Trustees Martchink and Nelson
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Police Chief Kufeld, Director Bergsten, Director
Muhonen, Manager Landkamer and Recording Secretary
Beers
Absent: None
Chair Koenig called the meeting to order at 8:00 a.m.
PUBLIC COMMENT
None.
PUBLIC SAFETY
None.
Reports
1. Verbal Updates and Committee Questions: Chief Kufeld presented an update on
Blue Santa fundraising efforts stating over $9,000 was collected, $1,000 of which
was raised by Town staff donations. Through the department’s efforts, 106
people would receive food and toiletry items this year. Police Auxiliary members
currently manage the Blue Santa efforts.
2. The department has a police officer candidate who graduates from the Academy
on December 16, 2016, after which a formal offer would be extended with a
potential hire date of December 27, 2016. He added the department would lose
two officers next week and would continue the hiring process to fill the vacancies
and be fully staffed by summer.
UTILITIES
SALE OF FORMER CRYSTAL WATER COMPANY PROPERTIES.
Director Bergsten stated the Town acquired the Crystal Water Company on February
17, 1989, which included two lots abutting Cheley Camp property. The Town has never
used these lots and there are no plans to do so. The water rights associated with the
Sanborn Pond are not usable for municipal operations. No market value for these water
rights exists, as they are limited to filling the Sanborn Pond. The pond has a State
regulated dam, which requires mandated repairs to the dam by 2018. Cheley has
offered to purchase the land locked lots for $217,333. Director Bergsten stated that the
property is only accessible through the Cheley property. The vacant 2.8-acre lot would
be purchased for the appraised amount. They have offered one-third the appraised
value for the Sanborn Pond lot which takes into account dam repair costs. The
Committee recommended the sale to Cheley Camp, contingent on future approval
of a real estate contract by ordinance be included as an action item on the
January 10, 2017 Town Board meeting. DRAFT9
Public Safety, Utilities & Public Works Committee – December 8, 2016 – Page 2
2017 EXPENDITURES APPROVAL.
Director Bergsten requested Town Board approval of expenditures over $100,000 for
both Geographical Information System (GIS) and engineering services. In 2013 and
2014 competitive requests for proposals resulted in the execution of five-year
agreements to provide GIS and engineering professional services. The proposed 2017
budget for the Utilities department included $400,000 for GIS services and $400,000 for
engineering services. These funds are spread out between operations and capital
projects. The department proposed Town Board approve Utility GIS expenditures not to
exceed $400,000 and water engineering expenditures not to exceed $400,000,
contingent upon approval of the 2017 budget by the Board. The Committee
recommended approval to the Town Board of the expenditures not to exceed
$400,000 under the existing contract for GIS services with InVision and
engineering services not to exceed $400,000, to be included on the Consent
Agenda at the January 10, 2017 Town Board meeting.
Reports
1. Verbal Updates and Committee Questions: None.
PUBLIC WORKS
Reports
1. Verbal Updates and Committee Questions: Manager Landkamer gave an update
on the security cameras which would be installed next week, including the Visitors
Center and meets the budget of $100,000. He stated the Museum would be priority
in 2017 and the division would consider installation with the upcoming remodel.
2. Director Muhonen discussed the 2017 Street Improvement Program (STIP),
which has a proposed budget of $1.2 million worth of street improvements and a
projected 1A Sales Tax revenue of $1.675 million. The department would request a
budget amendment in 2017 from $1.2 to $1.6 to utilize the revenues received in
2017. Town Administrator Lancaster stated this information would be discussed at
the Study Session on February 14, 2017.
3. Transit Facility Parking Structure – Precast subcontractor requested storing/stock
piling 30 semi loads of precast at the fairgrounds for easy transfer to the Transit
Facility Parking Structure site when the crane becomes available. The department
anticipates arrival of the precast members in February 2017. The department would
meet with the Bureau of Reclamation (BOR) to discuss the possibility of accelerating
the approvals for the design packages. Director Muhonen stated construction has
exposed 75 feet of fiber optic line owned by CenturyLink running under the proposed
structure. Century Link has a permit from CDOT to relocate the fiber.
4. Director Muhonen provided an explanation of the Construction
Management/General Contractor (CMGC), which allows the department to go
through line items before contracting, in turn saving the department unnecessary
funds spent correcting potential clerical errors.
5. Visitors Center Bank Restoration – The River Coalition submitted a 30% design
from their consultant and a $30,000 cost estimate, greater than what was presented
to the department. With the increase in the cost of the project the cost for the local
match would increase. The department would utilize Larimer County Open Space
funds for the local match. The department has requested an offer of in kind services
utilizing the Parks staff for placement of boulders to bridge the shortfall in the local
match. Projected date for work is March 2017.
There being no further business, Chair Koenig adjourned the meeting at 8:23 a.m.
Bunny Victoria Beers, Recording Secretary DRAFT10
11
12
RESOLUTION NO. 01-17
WHEREAS, Section 26-6-402(2)(c) of the “Colorado Sunshine Act of 1972” as
amended, requires a municipality to designate a public place to post notices of its
meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1.That the lobby area immediately adjacent to the Administrative Offices in
the Estes Park Town Hall, located at 170 MacGregor Avenue, Estes Park,
Colorado, is hereby designated as the Public Place for Posting Notices of
Town Meetings.
DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
13
14
Community Development Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Carrie McCool, Planning Consultant
Date: January 3, 2017
RE: SUPPLEMENTAL CONDOMINIUM MAP #10 - Stone Bridge Estates
Condominiums, 1195 Fish Creek Road, Kingswood Homes, Inc./Applicant.
Objective:
Review of Stonebridge Estates Condominium Map application, submitted by applicant
Kingswood Homes, Inc., for compliance with the Estes Valley Development Code
(EVDC) to allow sale of unit 1137.
Present Situation:
The applicant has submitted a supplemental condominium map application for Stone
Bridge Estates Condominiums.
The property is zoned RM Multifamily Residential
and is located at 1195 Fish Creek Road.
Development approval provided for a total of
fourteen units. This submittal only pertains to Unit
1137 as a portion of the eleventh phase. The
future finalization and condominiumization of Unit
1145 will be known as the Eleventh Supplemental
Condominium Map, Phase XI.
Pursuant to state law, condominium units may not
be finalized until the units are substantially
complete. Because of this, final supplemental maps will be submitted as the project
builds out. According to the procedure set forth in the EVDC, the Final Condominium
map proceeds directly to the Board and is not reviewed by the Planning Commission.
Proposal:
Approval of the supplemental condominium map #10, condominiumizing one residential
unit. The unit is addressed 1195 Fish Creek Road.
Advantages:
•This proposal complies the applicable standards of the EVDC, specifically:
15
Estes Park Board of Trustees, January 10, 2017
Stone Bridge Estates Condominiums Supplemental Condominium Map #10
Section 3.9.E “Standards of Review” for subdivisions, and Section
10.5.H “Condominiums, Townhouses and Other Forms of Airspace
Ownership.”
•Approving the subject Supplemental Condominium Map will allow sale of the unit.
Disadvantages:
None.
Action Recommended:
Approval of the proposed Stone Bridge Estates Condominiums Supplemental
Condominium Map #10.
Budget:
N/A
Level of Public Interest:
Low.
Sample Motion:
I move to Approve (or Deny) the application for the Supplemental Condominium map
#10, Stone Bridge Estates Condominiums, 1195 Fish Creek Road.
Attachments:
1.Development Review Application
2.Tenth Supplemental Map of Stone Bridge Estates Condominiums, Phase XI, Unit
1137
16
STATEMENT OF INTENT - STONE BRIDGE ESTAT
TENTH SUPPLEMENTAL CONDOMINIUM MAP, PHASE XI
December 05, 2016
This Phase XI submittal of Stone Bridge Estates Condominiums consists of 2 residential
units (1137 & 1145) on Lot 3, Stone Bridge Estates Subdivision. This submittal only
pertains to Unit 1137 as a portion of the eleventh phase. The future finalization and
condominiumization of Unit 1145 will be known as the Eleventh Supplemental
Condominium Map, Phase XI.
All utility main lines have been installed to serve Lot 3 per requirements of the
subdivision and development plan review process. The condominium map is consistent
with the approved development plan.
17
Submittal Date:
ESTES VALLEY
DEVELOPMENT REVIEW APPLICATION
Type of Application
3 Development Plan
3 Special Review
I— Rezoning Petition
3 Preliminary Subdivision Plat
3 Final Subdivision Plat
3 Minor Subdivision Plat
3 Amended Plat
General Information
Project Name
Project Description
Project Address
Legal Description
Parcel ID #
Site Information
E Boundary Line Adjustment
1- ROW or Easement Vacation
3 Street Name Change
E Time Extension
3 Other: Please specify
Condominium Map
3 Preliminary Map
3 Fin
/24 P
—4-4713=11
Condominium Unit 1137- Phase XI
1137 Fish Creek Road, Estes Park, CO 80517
Lot 3, Stone Bridge Estates Subdivision
25311-68003
Tenth Supplemental Condominium Map of Stone Bridge Estates Condominiums
Area of Disturbance in Acres N/A Lot Size 2.71 Acres
Existing Land Use
Proposed Land Use
Existing Water Service
Proposed Water Service
Mostly Developed
Multi-Family
IR Town Well r None
Town Well r None
E EPSD
• EPSD
Yes
Xcel I— Other
E Other (specify)
F Other (specify)
UTSD
15‹ UTSD
IX No
r None
• Septic r None
ry Septic
Existing Gas Service
Existing Zoning RM
Existing Sanitary Sewer Service
Proposed Sanitary Sewer Service
Is a sewer lift station required?
Proposed Zoning RM
Site Access (if not on public street)
Are there wetlands on the site?
Yes r No
Site staking must be completed at the time application is submitted. Complete? N/A r Yes r No
Primary Contact Information
Name of Primary Contact Person Jacob Scott / Van Horn Engineering
Complete Mailing Address
Primary Contact Person is
1043 Fish Creek Road, Estes Park, CO 80517
3 Owner r Applicant I5( Consultant/Engineer
Attachments
• Application fee
IX Digital Copies of plats/plans in TIFF or PDF format emailed to
g Statement of intent planning@estes.org
• 3 copies (folded) of plat or plan
IX 11" X 17" reduced copy of plat or plan
Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Town of Estes Park P.O. Box 1200 -6 170 MacGregor Avenue -6 Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 -6 Fax: (9701 586-0249 .6 www.estes.org/CommunityDevelopment
Revised 2013.08.27 KT
18
MINERAL RIGHT CERTIFICATION
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
Names:
Record Owner PLEASE PRINT: Kingswood Homes, Inc / Mike Kingswood
Applicant PLEASE PRINT: Mike Kingswood
Signatures:
Record Owner
Applicant
Date
Date
Contact Information
Record Owner(s) Kingswood Homes, Inc. / Mike Kingswood
Mailing Address 152 Stanley Circle Dr., Estes Park, CO 80517
Phone (970) 586-6551
Cell Phone (970) 214-8844
Fax
Email mike@homesbykingswood.com
Applicant See Owner
Mailing Address
Phone
Cell Phone
Fax
Email
Consultant/Engineer Van Horn Engineering & Surveying / Jacob Scott
Mailing Address 1043 Fish Creek Road, Estes Park, CO 80517
Phone (970) 586-9388
Cell Phone (970) 308-6868
Fax
Email jacobvhe@airbits.com
APPLICATION FEES
For development within the Estes Valley Planning Area, both inside and outside Town limits
See the fee schedule included in your application packet or view the fee schedule online at:
www.estes.orq/ComDev/Schedules&Fees/PlanninqApplicationFeeSchedule.pdf
All requests for refunds must be made in writing. All fees are due at the time of submittal.
Revised 2013.08.27 KT 19
Signatures:
Record Owner
Applicant
Date 1 2/41 4
Date
APPLICANT CERTIFICATION
► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
► In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley
Development Code (EVDC).
► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Valley Development Code is available online at:
http://www.estes.oro/ComDev/DevCode
► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC.
► I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
► I understand that a resubmittal fee will be charged if my application is incomplete.
► The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
► I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
► I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
Names:
Record Owner PLEASE PRINT: Kingswood Homes, Inc, / Mike Kingswood
Applicant PLEASE PRINT: Mike Kingswood
Revised 2013.08.27 KT
20
21
22
Estes Valley Board of Trustees, January 10th, 2017
Prendergast Resubdivision Addition Annexation
COMMUNITY DEVELOPMENT
Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: January 10, 2017
RE: Annexation Proposal – Prendergast Resubdivision Addition
(Resolution #02-17 and Ordinance #01-17)
______________________________________________________________________
Objective:
Conduct a public hearing, review, and decide on an Annexation application for
compliance with the Estes Valley Development Code (EVDC) and Colorado Revised
Statutes (C.R.S.).
Present Situation:
The property is approximately 0.37 acres in size and is zoned E-1 Estate. The property
is made up of three separate ownership parcels owned by the Harmony Foundation. All
are located within the unincorporated Estes Valley. Two of the parcel boundaries cross
through an existing building. The western half of the building is located within the County
and the eastern half is located within Town Limits. This annexation application is part of
a development package which includes a Resubdivision of the area.
Proposal:
The annexation request proposes to incorporate the 0.37 acre property into Town Limits.
The Resubdivision application proposes to create four legal lots and to remove property
boundaries from running through the Harmony Foundation building. The annexation is
necessary to incorporate the western half of the building into Town Limits and have the
entire lots (proposed Lots 3 and 4) located within Town boundaries. Town Board
unanimously approved the Prendergast Resubdivision Final Plat on December 13th. Since
the replat involves replatting County properties as well, the Board of County
Commissioners are also a decision making body. The Final Plat is scheduled to appear
before the BOCC on January 17th, 2017.
Advantages:
1.This request complies with Eligibility for Annexation standards set forth in C.R.S.
31-12-104;
23
Estes Park Town Board of Trustees, January 10, 2017
Prendergast Resubdivision Addition Annexation
2.This request complies with Limitations standards set forth in C.R.S. 31-12-105;
3.An annexation election is not required under C.R.S. 31-12-107(2).
4.Rectifies an unusual development situation
Disadvantages:
None.
Action Recommended:
Planning Staff is recommending Approval of the Prendergast Resubdivision Addition
Annexation application.
Budget:
None.
Level of Public Interest:
Low: There has been no written public comment received as of January 5, 2017. Any
comments received after this date shall be placed on the applications page of the Town
website at www.estes.org/currentapplications
Sample Motions:
Below are the Town Board’s options related to the Annexation application:
1.I find that the application meets the review criteria, and move to APPROVE Resolution
#02-17 and Ordinance #01-17 with no conditions;
2.I find that the application meets the review criteria, and move to APPROVE Resolution
#02-17 and Ordinance #01-17 with the following conditions [state conditions];
3.I find that the application does not meet the review criteria, and move to DENY
Resolution #02-17 and Ordinance #01-17;
4.I find that the applicant has not provided sufficient information to review the application
and move to CONTINUE THE HEARING to provide adequate time to review additional
materials.
Attachments:
Resolution #02-17
Ordinance #01-17
Application www.estes.org/currentapplications
24
RESOLUTION NO. 02-17
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
The Board of Trustees of the Town of Estes Park, Colorado, in accordance with
Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the
following described area, that the requirements of the applicable parts of Sections 31-12-
104 and 31-12-105, C.R.S., have been met; that an election is not required under Section
31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on
the annexation. The area eligible for annexation known as “PRENDERGAST
RESUBDIVISION ADDITION” to the Town of Estes Park is as follows:
Containing Acres: 0.37
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF MOUNT
VIEW PARK, A SUBDIVISION IN THE NE ¼ OF THE SW ¼ OF SECTION 24,
TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., BEARS SOUTH
1°04’00" WEST A DISTANCE OF 356.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 01°25'18" EAST A DISTANCE OF 100.11'
FEET; THENCE NORTH 01°22’43" EAST A DISTANCE OF 180.69 FEET;
THENCE SOUTH 89°57'00" WEST A DISTANCE OF 102.40 FEET; THENCE
SOUTH 16°01’41" EAST A DISTANCE OF 87.03 FEET; THENCE SOUTH
16°07'16" EAST A DISTANCE OF 100.54 FEET; THENCE SOUTH 16°02'53"
EAST A DISTANCE OF 59.78 FEET; THENCE ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 215.93 FEET FOR A LENGTH OF 51.78 FEET
(WITH CHORD BEARING SOUTH 31°32'28" EAST FOR A DISTANCE OF
51.65') TO THE TRUE POINT OF BEGINNING, COUNTY OF LARIMER, STATE
OF COLORADO. SAID PARCEL CONTAINS 0.37 ACRES MORE OR LESS
AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD,
LARIMER COUNTY, COLORADO.
25
DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
26
ORDINANCE NO. 01-17
AN ORDINANCE APPROVING THE ANNEXATION
OF CERTAIN TERRITORY TO THE
TOWN OF ESTES PARK, COLORADO,
TO BE KNOWN AND DESIGNATED AS
PRENDERGAST RESUBDIVISION ADDITION
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. That a Petition for Annexation, together with four (4) copies of the plat of
said area as required by law, was filed with the Board of Trustees on the 27th day of
September, 2016 by the landowners of one hundred percent (100%) of the area and
owning one hundred percent (100%) of the area, excluding public streets and alleys of the
area hereinafter described. The Board, by Resolution at its regular meeting on the 13th
day of December, 2016, accepted said Petition and found and determined that the
provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined
that the Town Board should consider the annexation plat on Tuesday, January 10, 2017 at
7:00 p.m. in the Municipal Building for the purposes of determining that the proposed
annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105,
C.R.S., and is considered eligible for annexation.
Section 2. That the Notice of said hearing was given and published as provided in
Section 31-12-108(2), C.R.S.
Section 3. That the hearing was held pursuant to the provisions of Section 31-12-
109, C.R.S., on the 10th day of January, 2017.
Section 4. That following said hearing, the Board of Trustees adopted a Resolution
determining that the proposed annexation met the requirements of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under
Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed
upon said annexation.
Section 5. That the annexation of the following described area designated as
PRENDERGAST RESUBDIVISION ADDITION to the Town of Estes Park, Colorado, is
hereby approved:
Containing Acres: 0.37
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF
MOUNT VIEW PARK, A SUBDIVISION IN THE NE ¼ OF THE SW ¼ OF
SECTION 24, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH
P.M., BEARS SOUTH 1°04’00" WEST A DISTANCE OF 356.95 FEET TO
27
THE TRUE POINT OF BEGINNING; THENCE NORTH 01°25'18" EAST A
DISTANCE OF 100.11' FEET; THENCE NORTH 01°22’43" EAST A
DISTANCE OF 180.69 FEET; THENCE SOUTH 89°57'00" WEST A
DISTANCE OF 102.40 FEET; THENCE SOUTH 16°01’41" EAST A
DISTANCE OF 87.03 FEET; THENCE SOUTH 16°07'16" EAST A
DISTANCE OF 100.54 FEET; THENCE SOUTH 16°02'53" EAST A
DISTANCE OF 59.78 FEET; THENCE ALONG A CURVE TO THE LEFT
WITH A RADIUS OF 215.93 FEET FOR A LENGTH OF 51.78 FEET
(WITH CHORD BEARING SOUTH 31°32'28" EAST FOR A DISTANCE
OF 51.65') TO THE TRUE POINT OF BEGINNING, COUNTY OF
LARIMER, STATE OF COLORADO. SAID PARCEL CONTAINS 0.37
ACRES MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, LARIMER COUNTY, COLORADO.
Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to
Section 37-45-136(3.6) C.R.S., to the inclusion of lands described above into the Northern
Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado
Water Conservancy District.
Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS DAY OF , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the of , 2017 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2017, all as required by the Statutes of the State of Colorado.
Town Clerk
28
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30
Memo Utilities Department
To:Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From:Utilities Director Bergsten
Water Superintendent Boles
Date:January 10, 2017
RE:Intent to Negotiate Contract for the Sale of Former Crystal Water
Company Properties: Sanborn Dam Parcel and Vacant Lot
Objective:
To request contingent approval of the sale of two Town-owned properties.
Present Situation:
The Town acquired the Crystal Water Company on February 17, 1989. The
acquisition included two lots abutting Cheley Camp property (map attached). These
lots are only accessible through Cheley Camp property. The Town has never used
these lots and there are no plans to do so. The water rights associated with the
Sanborn Pond are not usable for our municipal operations. No market value for these
water rights exists as they are limited to filling the Sanborn Pond. The pond has a
State regulated dam. State mandated repairs must be made to the dam by 2018.
Both lots have been appraised. The Sanborn Pond lot appraised for $145,000. The
vacant 2.8 acre lot appraised for $169,000.
Proposal:
Cheley has offered to purchase the lots for $217,333. The vacant 2.8 acre lot would
be purchased for the appraised amount ($169,000). They have offered one third the
appraised value ($48,333) for the Sanborn Pond lot which takes into account dam
repair costs. If the Town Board votes to approve moving forward with negotiations, a
real estate contract and ordinance will be brought to the Town Board for final
approval.
Staff requests authorization to enter into contract negotiations for the sale of these
properties to Cheley Camp.
Advantages:
Avoid dam repair and maintenance costs and potential liability for dam failure
Town property with no planned use will go back to private ownership
Receipt of funds from the sale of non-essential Town property
31
Disadvantages:
Limiting the sale of these properties to Cheley might be perceived as bias. However,
Cheley is the only potential purchaser as there is no access available for a third party
purchaser.
Action Recommended:
Staff recommends accepting the offer, contingent upon contract terms.
Budget:
Not applicable at this time.
Level of Public Interest
Low. These lots have never been used by the public and are not accessible to the
public.
Recommended Motion:
I move for the approval of the sale of the lots to Cheley Camp, contingent upon future
approval of a real estate contract and ordinance.
Attachment:
Property map
32
ROCKW O O D L N
FISHCREEKRDFISH CREEK
W
A
Y
FISHCREEKRDSADDLEBACKLNBAKERDRHIGHWAY7Fish CreekCHELEYCOLORADOCAMPS INCThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.0460920Feet1 in = 833 ft±Town of Estes ParkUtilities DepartmentSale of Former Crystal Water Company Properties 1. Sanborn Dam Parcel, 3 acres 2. Vacant Lot, 2.8 acresPrinted: 12/2/2016MARYSLAKES SAINT VRAIN AVEN SAINT VRAIN AVEBIGTHOMPSONAVEHIGHWAY66TUNNEL RDHIGHWAY36HIGHWAY7UV7UV66£¤36£¤34£¤36£¤34£¤36Vacant Lot2.8 acresSanborn Dam Parcel3.0 acres33
34
Estes Valley Planning Commission Appointment
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: January 10, 2016
RE: Estes Valley Planning Commission Appointment
Objective:
To appoint two Commissioner positions on the Estes Valley Planning Commission with the
term expiration of Sharry White and Steve Murphree on December 31, 2016.
Present Situation:
The Town advertised for the positions in the local paper and on the Town’s website. Four
applications were received and interviews were scheduled with Trustees Nelson and Norris,
Planning Commission Chair Michael Moon and Community Development Director Hunt on
January 4, 2017.
Proposal:
The interview team is recommending the reappointment of Sharry White and Steve
Murphree for 4-year terms beginning January 1, 2017 and expiring on December 31, 2020.
Advantages:
The position would be filled.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position can be
re-advertised and interviews conducted.
Action Recommended:
Reappointment of Sharry White and Steve Murphree to the Estes Valley Planning
Commission beginning January 1, 2017 for 4-year terms expiring on December 31, 2020.
Budget: None.
Level of Public Interest. Low.
Sample Motion:
I move to approve/deny the reappointment of Sharry White and Steve Murphree to the
Estes Valley Planning Commission beginning January 1, 2017 for a 4-year term expiring on
December 31, 2020.
35
36
ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Frank Lancaster, Town Administrator
From: Travis Machalek, Assistant Town Administrator
Date: January 10, 2017
RE: Discussion of the Formation of a Family Advisory Board
Objective:
To facilitate the Town Board’s discussion of the formation of a Family Advisory Board.
Present Situation:
One of the Town Board’s 2017 objectives is to explore the formation of a Family
Advisory Board. In order to facilitate this discussion, the Town has worked with Estes
Valley Investment in Childhood Success to develop draft bylaws for Board
consideration.
The purpose of a Family Advisory Board would be to:
•Research and summarize factual data on issues of importance to working
families in the Estes Valley;
•Develop recommended policies to address these issues; and
•Present these recommendations to the Town Board and/or Town Staff.
Advantages:
•Would direct additional Town resources and attention to issues facing working
families in the Estes Valley
•Would engage citizens in developing solutions to pressing community issues.
Disadvantages:
•Time and resources spent in supporting a Family Advisory Board would be
unavailable for other Town Board priorities.
Budget:
There is no immediate, direct budget impact to the Town if the Board moves forward
with the formation of a Family Advisory Board.
Level of Public Interest:
High
37
Town of Estes Park
Family Advisory Board
DRAFT Bylaws
I. Role
The Estes Park Family Advisory Board (“FAB”) is an advisory committee for the
Town Board and Town staff. The FAB is expected to:
A. Research and summarize factual data on issues of importance to working families
in the Estes Valley;
B. Develop recommended policies to address these issues; and
C. Present these recommendations to the Town Board and/or Town Staff.
II.Annual Focus Areas
A. At the first regular meeting of every year, the FAB will select no more than three
(3) focus areas for the coming year.
B. These focus areas may be changed at any regular or special meeting of the FAB
by a majority vote, but at no time may there be more than three (3) focus areas.
C. Any work undertaken by the FAB shall be tied to these focus areas.
III. Meetings
A. Regular Meetings – Regular meetings shall be held at least one (1) time per
month, with additional meetings scheduled as needed. Any item on the agenda
which cannot be heard and considered by the conclusion of the meeting may be
continued until, and heard, at the next regularly scheduled meeting or at a special
meeting and shall have priority of any other matters to be heard and considered.
B. Special Meetings – Special meetings may be held at any time upon call by the
Chairperson. The Chairperson shall call a special meeting upon request by the
Town Board, Town Administrator, or Assistant Town Administrator, or upon
request by three (3) of the members of the FAB.
C. Cancellation or Rescheduling of Meetings – Any cancellation or rescheduling of a
FAB meeting must be approved by two-thirds (2/3) of the members of the FAB.
D. Meeting Procedures - Parliamentary procedure shall be followed in moving,
discussing, and acting on matters requiring action by the FAB.
E. Open Meetings – All meetings and actions of the FAB shall be in full compliance
with state statutes governing open meetings, as amended and incorporated herein
38
by reference. It is the responsibility of the Staff Liaison to be familiar with these
statutes and regulations.
F. Attendance by Non-Members – Meetings may be attended by persons who are not
members of the FAB. Such non-members may be allowed to speak at meetings at
the discretion of the Chairperson. However, in no event shall nonmembers be
allowed to vote on matters for which a vote is required.
IV.Members and Quorum
A. Membership – The FAB shall consist of no fewer than ten (10) and no more than
fifteen (15) members.
B. Membership Requirements – Members must:
1.Be a resident of the Estes Park School District R-3;
2.Have adequate time to devote to the FAB (at least six (6) hours per
month); and
3. Have experience dealing with issues facing working families in the
Estes Valley.
C. Membership Considerations – In appointing the membership of the FAB, the
Town Board will:
1. Endeavor to ensure that at least three (3) members of the FAB are
members of a working family; and
2. Consider membership representation for key organizations such as
Estes Valley Investment for Childhood Success, the Housing
Authority, the School District, and Families for Estes.
D. Terms – Members shall be appointed by the Town Board to a three (3) year term.
The terms of the members shall be staggered so that the terms of an equal number
of the members expire each year on March 31st.
E. Vacancies – Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
F. Recommendations for Appointment – Upon request by the Town Board, the FAB
shall make recommendations to the Town Board for new FAB appointments.
G. Quorum – A quorum of the FAB shall consist of two-thirds (2/3) of the members
of the FAB being present at the meeting.
H. Action – Action by the FAB shall be by majority vote of the members attending
any regular or special meeting at which a quorum is present, unless otherwise
provided in these bylaws.
V. Officers
39
A. Officers – The FAB officers shall include a Chairperson and a Vice-Chairperson
as selected by the FAB.
B. Elections – Officers shall be elected by the members annually at the first regularly
scheduled meeting of each year. Officers shall be members of the FAB.
Notification of who is elected Chairperson and Vice-Chairperson will be sent to
the Town Clerk.
C. Chairperson Responsibilities – The Chairperson shall:
1.Preside over all meetings;
2. Ensure that all meetings are conducted with decorum and efficiency;
3.Call special meetings in accordance with these bylaws;
4. Sign any documents prepared by the FAB for submission to the Town
Board or Town Departments;
5.See that decisions of the FAB are implemented;
6.Represent the FAB in dealings with the Town Board or other
organizations; and
7.The Chairperson has the same right as any other member of the FAB
to vote on matters before the FAB and to speak for or against
proposals; provided, however, that if the Chairperson desires to speak
for or against a proposal which has been formally moved and seconded
at a public meeting, the Chairperson shall relinquish the chair to the
Vice-Chairperson while he or she is speaking.
D. Vice-Chairperson Responsibilities – The Vice-Chairperson shall:
1.Assist the Chairperson as requested;
2. Accept and undertake duties delegated by the Chairperson; and
3. Preside over meetings or perform other duties of the Chairperson in
the event the Chairperson is absent or unable to act.
E. Other Officers – There shall be no officers other than the Chairperson and Vice-
Chairperson.
F. Removal from Office – Any officer may be removed from office by a majority
vote of the members of the FAB in attendance at a meeting provided that at least
thirty (30) days notice has been given to all members that removal of the officer
will be considered at such meeting.
G. Officer Vacancies – If any office is vacant, the members of the FAB shall elect a
member to fill the office for the remainder of the year.
VI.Attendance
A. Attendance Requirements – Regular attendance by members of the FAB. In the
event that any member misses three (3) consecutive regular meetings, or a total of
40
four (4) regular meetings in a calendar year, the Town Board may remove its
appointed member and designate a new member to fill the vacancy.
VII.General Provisions
A. These bylaws may be amended at any regular or special meeting of the FAB by a
majority of the membership of the FAB provided that notice of such possible
amendments is given to all members at least twenty (20) days prior to the meeting
at which the action is to be taken. Any amendments shall be subject to review and
approval by the Town Board.
VIII.Compliance with Town Policies
A. The FAB shall operate in compliance with the adopted Town Board Policy on
Town Boards (Policy 102). The terms of this policy are incorporated in the
bylaws by this reference. A copy of this Policy will be provided to all FAB
members upon appointment.
B. Volunteer members of the FAB will act in accordance with the adopted Town
Volunteer Manual.
IX.Conflict of Interest
A. A conflict of interest occurs when a person’s private, personal relationships or
interests converge with their public role on the FAB such that an independent
observer may reasonably question whether the person’s actions or decisions are
determined by personal benefit, gain, or advantage.
B. Members of the FAB shall not use their status as a member for private gain, and
shall act impartially and not give preferential treatment to any private
organization or individual.
C. A member of the FAB who has a personal or private interest in a matter proposed
or pending shall disclose such interest to the FAB, shall not vote on the item, and
shall not attempt to influence the decisions of other members voting on the matter.
Adopted this ____day of ______________
ESTES PARK BOARD OF TRUSTEES
By: _______________________________
Mayor
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